ESB and Eirgrid granted injunction restraining land owner from interfering with proposed uprate works to infrastructure

Interlocutory injunction application - third and fourth of four sets of related proceedings - judgment in first two cases given on 28th August, 2014 - plenary action and judicial review proceedings amalgamated on agreement between parties - defendant company as registered owners over lands in Kildare the subject of a proposed development to construct electricity transmission line - uprate works to be carried out by ESB at instruction of Eirgrid - proceedings to restrain defendant from preventing access to lands instituted in May, 2013 - subsequent interlocutory injunction order restraining defendant made on consent (Laffoy J.) - restringing works carried out on foot of further High Court order (Gilligan J.) - wayleave notice subsequently served, but lands occupied by tenant - s.160 proceedings instituted by defendant - plaintiffs' application for interlocutory injunction restraining defendant from interfering with its access to lands for purpose of carrying out works - counterclaim seeking certiorari of wayleave notice, orders restraining the plaintiffs' entering onto defendant's lands, damages for trespass and a stay on enforcement of wayleave notice - whether plaintiffs entitled to carry out said works pursuant to European regulations and domestic legislation - whether statutory functions of ESB exercised ultra vires by its subsidiary ESB Networks - whether a breach of fair procedures by ESB in failing to give defendant an opportunity to object and make representations regarding works - whether notice is valid on its face - legislative framework - entitlement to carry out survey works - entitlement to carry out restringing works - notice signed by nominated officer approved by plaintiff - defendant well aware of intention to erect temporary line diversion - defendant had ample opportunity to make oral representations and failed to do so - entitlement to compensation not yet operable until ESB enters lands and carries out intended works - whether improper for ESB to delegate its powers on authorised officer and agent to serve wayleave notice - whether wayleave provision is a power of compulsory acquisition - whether defendant's right to be heard ignored - no enquiry made into merits of proposal to acquire interests in defendant's lands - failure to provide details of any right to compensation and related procedures involved - statutory and regulatory powers to carry out survey of defendant's land and to enter, repair or alter lines is shared by plaintiffs - right to be heard on a s.53 notice only arises in most exceptional circumstances - notice valid despite technical arguments to the contrary concerning its failure to reference an entitlement to compensation - plaintiffs entitled to orders and declarations set out in para. 4 granting them the right to enter and remain on defendant's lands for purpose of development project.